DETAILED ACTION
This is a first Office action on the merits to the application filed 06/02/2023. Claims 1-15 are pending.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 06/02/2023 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-3, 5-15 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 is directed to a method with various steps. Lines 1 and 2 recite “a device in a communication network”, whereas line 3 recites “a communication device”. It is not clear, however, that the “a device” involved with measurement collection is the same device as the “a communication device” involved with receiving a configuration message for logging MBS measurement. This is unclear because the claim language here plainly recites two separate devices, yet the rest of the claim indicate that these may be the same device. Thus it is unclear what device is performing MBS measurement if it is not the same device receiving the logging MBS measurement configuration. For at least this reason, Claim 1 is indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or joint inventor, or for pre-AIA the applicant regards as the invention.
For purposes of examination, “a device in a communication network” is interpreted to be the same as “a communication device”, and that such a device is an active communication device, rather than a power supply or passive antenna or antenna transmission component, which are examples of a device in a communication network. Applicant should correct.
Claim 5, line 2, is directed to “receiving a request message”. It is not clear, however, of the origin of such a request message, i.e. the claim does not clearly specify what entity or element is transmitting the request message. This leads to indefiniteness because every other limitation is performed by some element. Furthermore, the second limitation recited in lines 3 -5 is interpreted to have no causality with the first limitation recited on line 2, and is interpreted to not be necessarily linked and therefore can be performed at any time and has no causality linked to it. Furthermore, Claim 5, lines 3 -5, recites “performing one of: establishing an RRC connection… and resuming an RRC connection…”. The instructions, when executed, would cause operations to perform both establishing RRC connection AND resuming RRC connection, at least together, in the same operation. It is unclear that such operation is possible, or possibly performed simultaneously or sequentially (and in what order). For at least these reasons, Claim 5 is indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or joint inventor, or for pre-AIA the applicant regards as the invention. Similar issues are found in Claim 12, lines 5-9.
Claim 8, line 1, is directed to an indication transmitted by “the communication network”. It is not clear, however, what is performing the transmitting, as there are many different entities in a network, including, and as claimed, “a device” or “a communication device”. For examination purposes, “the communication network” is interpreted to broadly indicate a network node such as an eNB/gNB or similar entity that can broadly perform claimed functions, but not limited to such functions.
Similar issues are found in Claim 9, line 1: “A communication network comprising: a transmitter…a receiver…a processor…”. It is unclear what entity or element may contain the elements “transmitter’, “a receiver” and a “processor”, as there are many entities in a communication network, and such components may be contained in a single entity or multiple entities.
Furthermore, Claim 8 line 3, the phrase “and/or” renders the claim vague and indefinite since it is unclear whether or not limitations following the phrase “and/or” is required. For at least this reason, Claim 8 is indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or joint inventor, or for pre-AIA the applicant regards as the invention. Similar issues are found in Claim 12, line 3.
All dependent claims 2-8 of independent claim 1, and dependent claims 11 -15 of independent claim 10 are rejected for dependency on their independent claim, respectively.
Applicant should correct.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-3, 5-15 are rejected under 35 U.S.C 103 as being unpatentable over Van Lieshout et al. (US 2020/0128419), hereinafter “Van Lieshout”, in view of 3GPP Standard; Technical Specification; TS 37.320 v16.2.0 (2020-09) “3GPP Technical Specification Group Radio Access Network; Overall Description; Stage 2 (Release 16)”, hereinafter “3GPP TS37.320”.
Regarding claim 1 and 9, Van Lieshout teaches:
A method to collect Multicast and Broadcast Service ("MBS") measurements from a device in a communication network (Fig. 2, 6 and 7), the method comprising:
transmitting a first message to a communication device, said first message comprising a configuration for logging MBS measurements ([0108-0116]: The UE (equates to a communication device), after indicating support for eMBMS measurement logging (Step 601) [0109] (see Fig. 6), is then configured to perform eMBMS measurement logging (Step 603), by the eNB (equates to “communication network”; see 112(b) rejection presented on page 3 above);
receiving a second message from the communication device, said second message comprising a set of logged measurement results for at least one MBS service of interest ([0110-0111]: Upon receiving LoggedMeasurementConfiguration (Step 603), the UE proceeds (Step 604): connection is release and UE moves to idle mode. While 1) in idle mode, 2) in the particular MBSFN area, and 3) receiving MBMS subframes, the UE logs the eMBMS measurement results, step 605. The UE logging the measurement results to the eNB (Fig. 6, step 605) equates to the ‘communication network’ or network node receiving a second message. A UE [0016] can be configured to log available results of measurements performed while in idle mode, i.e. “logging” is understood to include the measurement and reporting (‘log’) of the results of the measurement. See also Fig. 7, step 705: UE provides requested eMBMS logged measurement information to the E-UTRAN), and
Van Lieshout does not teach:
controlling MBS operation in the communication network based on the logged measurement results collected from the communication device.
However, 3GPP TS37.320 in a similar disclosure teaches configuration and reporting for MBS measurements, teaches:
controlling MBS operation in the communication network based on the logged measurement results collected from the communication device (Annex D (informative): MBSFN use cases. The MDT data reported may be used to verify signal strength, signal quality and block error rates for MBSFN reception, to support network verification, re-planning of MBSFN areas, and optimization of MBSFN operation parameters. Page 31.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to incorporate the teachings of 3GPP TS37.320 into the method of Van Leishout in order to adapt known measurement reporting method and indicators for efficient MBS operation, for at least two operation modes (establishing and re-establishing/resuming). The motivation is that applying a well know standard or protocol or machine to a system provides the system with significantly improved industrial applicability.
Particularly for claim 9, Van Lieshout teaches:
a transmitter (Fig. 5, similar to 508. Obvious that the “communication network’ would need a transmitter similar to 508 in order to communicate with the UE.)…
a receiver (Fig. 5 similar to 508. Obvious that the “communication network’ would need a transmitter similar to 508 in order to communicate with the UE.)…
and a processor (Fig. 5, Similar to 502. Obvious that the “communication network” would need a processor similar to 502 in order to execute the instructions that can process the features and functions of the instant invention, in coordination with the UE.) …
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to incorporate the teachings of 3GPP TS37.320 into the method of Van Leishout in order to adapt known measurement reporting method and indicators for efficient MBS operation, for at least two operation modes (establishing and re-establishing/resuming). The motivation is that applying a well know standard or protocol or machine to a system provides the system with significantly improved industrial applicability.
Regarding claim 2, Van Lieshout teaches:
the first message is a dedicated message sent to the communication device while in a connected mode ([0110-0111]: Upon receiving LoggedMeasurementConfiguration (Step 603), the UE proceeds (Step 604): connection is release and UE moves to idle mode. In other words, the UE is in connected mode when receiving the LoggedMeasurementConfiguration message, and then moves to idle mode to effect the logging measurement step.
Regarding claim 3 and 15, Van Lieshout teaches:
the first message is broadcast to the communication device in system information, wherein the configuration for logging MBS measurements comprises a common configuration ([0110-0111]: The UE receives a LoggedMeasurementConfiguration (Step 603) message, that is known in the art for this configuration process.).
Regarding claim 5, Van Lieshout teaches:
receiving the second message comprises:
receiving a request message ([0112-0115]: In a similar embodiment, at Step 704, the E-UTRAN requests the UE to provide the eMBMS logged measurement [00114]. See Fig. 7. As a result of step 704, the UE responds with eMBMS logged measurement results Step 705.); and
Van Lieshout does not teach:
performing one of: establishing an RRC connection for reporting the set of logged measurement results and resuming an RRC connection for reporting the set of logged measurement results
However, 3GPP TS37.320 in a similar disclosure teaches configuration and reporting for MBS measurements, teaches:
performing one of: establishing an RRC connection for reporting the set of logged measurement results and resuming an RRC connection for reporting the set of logged measurement results (Section 5.1.1.3.1 Availability Indicator: A UE configured to perform Logged MDT downlink pilot strength measurement indicates availability of Logged MDT measurements, by means of an indicator, in RRCConnectionSetupComplete (equates to establishing an RRC connection) or RRCSetupComplete or RRCConnectionResumeComplete or RRCResumeComplete (equates to resume or re-establish an RRC connection) message during connection establishment (lines 1-3). The indicator shall be provided within E-UTRAN also at handover and re-establishment (lines 13-17). In other words, the UE may establish or re-establish (resume) RRC connection, for reporting logged measurements, using a bit value or indicator.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to incorporate the teachings of 3GPP TS37.320 into the method of Van Leishout in order to adapt known measurement reporting method and indicators for efficient MBS operation, for at least two operation modes (establishing and re-establishing/resuming). The motivation is that applying a well know standard or protocol or machine to a system provides the system with significantly improved industrial applicability.
Regarding claim 6, Van Lieshout does not teach:
establishing the RRC connection for reporting the set of logged measurement results comprises receiving a setup request message containing a cause value that indicates that the RRC connection is to be established for MBS access.
However, 3GPP TS37.320 in a similar disclosure teaches configuration and reporting for MBS measurements, teaches:
establishing the RRC connection for reporting the set of logged measurement results comprises receiving a setup request message containing a cause value that indicates that the RRC connection is to be established for MBS access (Section 5.1.1.3.1 Availability Indicator: A UE configured to perform Logged MDT downlink pilot strength measurement indicates availability of Logged MDT measurements, by means of an indicator, in RRCConnectionSetupComplete (equates to establishing an RRC connection) or RRCSetupComplete message during connection establishment (lines 1-3). The indicator shall be provided within E-UTRAN also at handover and re-establishment (lines 13-17). In other words, the UE may establish or re-establish (resume) RRC connection, for reporting logged measurements, using a bit value or indicator.).
Regarding claim 7 and 13, Van Lieshout does not teach:
resuming the RRC connection for reporting the set of logged measurement results comprises receiving a resume request message containing a cause value that indicates that the RRC connection is to be resumed for MBS access.
However, 3GPP TS37.320 in a similar disclosure teaches configuration and reporting for MBS measurements, teaches:
resuming the RRC connection for reporting the set of logged measurement results comprises receiving a resume request message containing a cause value that indicates that the RRC connection is to be resumed for MBS access (Section 5.1.1.3.1 Availability Indicator: A UE configured to perform Logged MDT downlink pilot strength measurement indicates availability of Logged MDT measurements, by means of an indicator, in RRCConnectionResumeComplete or RRCResumeComplete (equates to resume or re-establish an RRC connection) message during connection establishment (lines 1-3). The indicator shall be provided within E-UTRAN also at handover and re-establishment (lines 13-17). In other words, the UE may establish or re-establish (resume) RRC connection, for reporting logged measurements, using a bit value or indicator.).
Regarding claim 8 and 14, Van Lieshout does not teach:
the communication network transmits an indication to the communication device that allows establishing an RRC connection for MBS access and/or allows resuming an RRC connection for MBS access.
However, 3GPP TS37.320 in a similar disclosure teaches configuration and reporting for MBS measurements, teaches:
the communication network transmits an indication to the communication device that allows establishing an RRC connection for MBS access and/or allows resuming an RRC connection for MBS access (Section 5.1.1.3.1 Availability Indicator: A UE configured to perform Logged MDT downlink pilot strength measurement indicates availability of Logged MDT measurements, by means of an indicator, in RRCConnectionSetupComplete (equates to establishing an RRC connection) or RRCSetupComplete or RRCConnectionResumeComplete or RRCResumeComplete (equates to resume or re-establish an RRC connection) message during connection establishment (lines 1-3). The indicator shall be provided within E-UTRAN also at handover and re-establishment (lines 13-17). In other words, the UE may establish or re-establish (resume) RRC connection, for reporting logged measurements, using a bit value or indicator, i.e. except when the logging campaign is still ongoing (no messaging is sent).).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to incorporate the teachings of 3GPP TS37.320 into the method of Van Leishout in order to adapt known measurement reporting method and indicators for efficient MBS operation, for at least two operation modes (establishing and re-establishing/resuming).
Regarding claim 10, Van Lieshout teaches:
A User Equipment ("UE") apparatus comprising:
a receiver (Fig. 5, 508 transceiver) that receives a first message from a communication network, said first message comprising a configuration for logging MBS measurements ([0108-0116]: The UE (equates to a communication device), after indicating support for eMBMS measurement logging (Step 601) [0109] (see Fig. 6), is then configured to perform eMBMS measurement logging (Step 603), by the eNB (equates to “communication network”; see 112(b) rejection presented on page 3 above;
a processor (Fig. 5, 502 processor)that performs MBS measurements for at least one MBS service of interest in accordance with the received configuration ([0110-0111]: Upon receiving LoggedMeasurementConfiguration (Step 603), the UE proceeds (Step 604): connection is release and UE moves to idle mode. While 1) in idle mode, 2) in the particular MBSFN area, and 3) receiving MBMS subframes, the UE logs the eMBMS measurement results, step 605. The UE logging the measurement results to the eNB (Fig. 6, step 605) equates to the ‘communication network’ or network node receiving a second message. ) ; and
a transmitter (Fig. 5, 508 transceiver) that transmits a second message to the communication network, said second message comprising a set of logged measurement results for the at least one MBS service of interest ([0110-0111]: Upon receiving LoggedMeasurementConfiguration (Step 603), the UE proceeds (Step 604): connection is release and UE moves to idle mode. While 1) in idle mode, 2) in the particular MBSFN area, and 3) receiving MBMS subframes, the UE logs the eMBMS measurement results, step 605. The UE logging the measurement results to the eNB (Fig. 6, step 605) equates to the ‘communication network’ or network node receiving a second message. A UE [0016] can be configured to log available results of measurements performed while in idle mode, i.e. “logging” is understood to include the measurement and reporting (‘log’) of the results of the measurement. See also Fig. 7, step 705: UE provides requested eMBMS logged measurement information to the E-UTRAN).
Regarding claim 11, Van Lieshout teaches:
performing the MBS measurements comprises switching to an MBS BWP on carrier frequencies and cells which are used to receive the at least one MBS service of interest ([0065-0074]: Van Lieshout teaches the UE logs all measurements results to any specific MBSFN area and/or any particular frequency, within a tracking area, TA and/or cell list and within a MBSFM area specified by the area scope. [0066,-0067, 0069]).
Regarding claim 12, Van Lieshout does not teach:
wherein the receiver further receives an indication from the communication network that allows initiation of RRC connection establishment and/or RRC connection resume for MBS measurement reporting,
wherein transmitting the second message comprises performing one of:
establishing an RRC connection for reporting the set of logged measurement results, and
resuming an RRC connection for reporting the set of logged measurement results.
However, 3GPP TS 37.320 teaches:
wherein the receiver further receives an indication from the communication network that allows initiation of RRC connection establishment and/or RRC connection resume for MBS measurement reporting ((Section 5.1.1.3.1 Availability Indicator: A UE configured to perform Logged MDT downlink pilot strength measurement indicates availability of Logged MDT measurements, by means of an indicator, in RRCConnectionSetupComplete (equates to establishing an RRC connection) or RRCSetupComplete or RRCConnectionResumeComplete or RRCResumeComplete (equates to resume or re-establish an RRC connection) message during connection establishment (lines 1-3). The indicator shall be provided within E-UTRAN also at handover and re-establishment (lines 13-17). In other words, the UE may establish or re-establish (resume) RRC connection, for reporting logged measurements, using a bit value or indicator.).
wherein transmitting the second message comprises performing one of:
establishing an RRC connection for reporting the set of logged measurement results, and
resuming an RRC connection for reporting the set of logged measurement results (Section 5.1.1.3.1 Availability Indicator: A UE configured to perform Logged MDT downlink pilot strength measurement indicates availability of Logged MDT measurements, by means of an indicator, in RRCConnectionSetupComplete (equates to establishing an RRC connection) or RRCSetupComplete or RRCConnectionResumeComplete or RRCResumeComplete (equates to resume or re-establish an RRC connection) message during connection establishment (lines 1-3).).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to incorporate the teachings of 3GPP TS37.320 into the method of Van Leishout in order to adapt known measurement reporting method and indicators for efficient MBS operation, for at least two operation modes (establishing and re-establishing/resuming).
Allowable Subject Matter
Claim 4 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Claim 4 recites the configuration for logging MBS measurements is to include eight (8) items:
List of carrier frequencies, a BWP to use for MBS measurement, a list of candidate MBS sessions to measure, a type of MBS measurement, an RRC state in which MBS measurement is performed, a logging duration, a logging interval, and a location requirement.
There are no explicit teachings to all eight of the above limitations found in the prior art cited in this office action and from prior art search. The closest prior art reference is US 2020/0128419 Van Lieshout that teaches configuration information may include a particular MCH or an MBSFN area information [0109-110] which equates to location information (see Table 2), and logging duration, logging interval (claim 8); Carrier frequency of the MBSFN areas which measurements the UE shall log (see Table 2). Closest prior art 3GPP TS 37.320 v15.0.0 (2018-07) Section 5.1.1.1.1 lists several mandatory and optional configuration parameters.
Conclusion
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/R.M./Examiner, Art Unit 2461
/HUY D VU/Supervisory Patent Examiner, Art Unit 2461
